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Designating individuals as terrorists: SC seeks Centre’s reply on UAPA amendment

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Designating individuals as terrorists: SC seeks Centre’s reply on UAPA amendment

The Supreme Court today – Friday, Sep 6 – issued notice to Centre, seeking its reply on the amendments to anti-terror law Unlawful Activities Prevention Act that empower the government to designate any individual as terrorist.

The Supreme Court bench of Chief Justice of India Ranjan Gogoi and Justice Ashok Bhushan issued the notice on petitions filed by Sajal Awasthi and NGO Association for Protection of Civil Rights (APCR) which said the amended law allowed the government to freely encroach upon the fundamental rights of dignity, free speech, dissent and reputation.

The petitions said the UAPA Amendment Act of 2019, passed by the Parliament, conferred the Centre with “discretionary, unfettered and unbound powers” to categorise a person as a terrorist – powers which could be misused even to curb dissent.

The UAPA Amendment Bill was passed in the Lok Sabha on July 24 and in the Rajya Sabha on August 2 amid criticism by the opposition parties and civil liberties lawyers. The Bill empowers the government to declare individuals as terrorists as well as to seize their properties and impose a travel ban on them. The Bill received President Ram Nath Kovind’s assent on August 9.

Before this amendment, in line with the legal presumption of an individual is innocent until proven guilty, an individual who was convicted in a terror case was legally referred to as a terrorist, while those suspected of being involved in terrorist activities are referred to as terror accused. The amended law does not clarify the standard of proof required to establish that an individual is involved or is likely to be involved in terrorist activities.

It also does not require the filing of cases or arresting individuals while designating them as terrorists.

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Home Minister Amit Shah while discussing the Bill in the Rajya Sabha had said, “A four-level scrutiny has been provided in the amendment and no human rights will be violated.” He also said that declaring individuals as terrorists is required as they float different organisations once an institution is banned. He ignored the questions about why this should be done arbitrarily.

The law could now be used by the government to bring disrepute on a person, and even worse, rob him or her liberty. The heavy burden to prove the entire government machinery wrong would lie on the person.

The petitions challenge the validity of Sections 35 and 36 of the UAPA, as amended by the UAPA Amendment Act, 2019. “The new Section 35 of the UAPA Act, 1967 empowers the Central government to categorise any individual as ‘terrorist’ and add name of such a person in Schedule 4 of the Act,” said Awasthi.

The petitioner NGO contends that such labelling will lead to a lifelong stigma. It would also be against the Fundamental Rights guaranteed under Articles 14, 19, and 21 of the Constitution of India.

“The amendment infringes upon the right to reputation and dignity which is a fundamental right under Article 21, without substantive and procedural due process. Notifying an individual as a terrorist without giving him an opportunity of being heard violates the individual’s right to reputation and dignity which is a facet of Right to life and personal liberty under Article 21 of the Constitution,” the petition states.

Awasthi’s petition says that the UAPA amendment is contrary to the Rights guaranteed under Part III of the Constitution of India. It states: “It is well-settled and established position of law that dignity and liberty of an individual is inalienable under the regime of our controlled constitution and that the State is under an obligation to preserve the same. Though there have been certain instances wherein the State has adopted a contrary approach to the above-stated fact and it is pertinent to note here that the Unlawful Activities (Prevention) Amendment Act, 2019 is an example of such an encroachment upon the Fundamental Rights.”

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The petitions object to labelling an individual as a terrorist without granting him a hearing and following due process. Further, the plea goes on to submit that conferring of such “discretionary, unfettered and unbound” powers upon the Government, so as to notify an individual as a terrorist, is also against the right to equality as enshrined in the Constitution under Article 14.

If an individual is labelled a terrorist even before the commencement of the trial or application of judicial mind, it would be violative of the requirement of following a procedure established by law, Awasthi’s plea adds. It would also be violative of an individual’s right to reputation. Further, this lack of opportunity of hearing, according to the petitioner, will have a direct and adverse effect on the Right to Freedom of Speech under Article 19(1)(a) of the Constitution of India.

Threatens right to dissent

It is also the petitioner’s case that the amendment seeks to curtail this right to dissent under the garb of curtailing terrorism. “The right of dissent is a part and parcel of fundamental right to free speech and expression and therefore, cannot be abridged in any circumstances except for mentioned in Article 19 (2). The UAPA, 2019 empowers the ruling government, under the garb of curbing terrorism, to impose indirect restriction on right of dissent which is detrimental for our developing democratic society,” it said.

“The UAPA, 2019 empowers the ruling government, under the garb of curbing terrorism, to impose indirect restriction on right of dissent which is detrimental for our developing democratic society. India is a democracy and every citizen of India has a fundamental right to dissent but presence of draconian law and provisions as contained in Section 35 and 36 of the UAPA, 2019 directly encroach upon the same.”

 Right to reputation

The petition said the right to reputation was an intrinsic part of fundamental right to life with dignity under Article 21 of the Constitution and tagging an individual as “terrorist” even before the commencement of trial or any application of judicial mind over it, did not amount to following the ‘procedure established by law’.

Instead of preserving the dignity of an individual, the government sought to encroach upon it, the petition said.

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Maharashtra civic body polls held today with focus on Mumbai and Pune

Maharashtra is voting today in civic body elections across 29 municipal corporations, with the BMC and Pune polls seen as crucial political tests.

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Voting is underway today for civic body elections across Maharashtra, covering 29 municipal corporations, with Mumbai and Pune emerging as the main political battlegrounds. The polls, being held after a long delay, are widely seen as a crucial test of political strength and identity ahead of larger state and national contests.

Polling began at 7.30 am for a total of 2,869 seats across 893 wards in the 29 civic bodies. The elections are taking place years after the scheduled term of most municipal corporations ended between 2020 and 2023. Voting will continue until 5.30 pm, while counting of votes is scheduled to begin at 10 am on January 16.

BMC election draws maximum attention

The Brihanmumbai Municipal Corporation (BMC), India’s richest civic body, remains the centre of attention. Unlike other corporations, the BMC follows a single-member ward system, meaning each voter casts only one vote. In the remaining 28 civic bodies, wards have three to five seats, requiring voters to cast multiple votes.

The BMC poll is particularly significant for the Thackeray brothers, Uddhav and Raj, who have come together in its backdrop after two decades. The election is seen as an opportunity for them to reassert their claim as political heirs of Bal Thackeray and revive their influence in Mumbai, a city long governed by the undivided Shiv Sena.

Test of Marathi identity politics

The elections are also being closely watched as a test of the “Marathi Manoos” plank. Rooted in the Samyukta Maharashtra movement of the 1950s and shaped politically by Bal Thackeray, the Marathi identity has remained a defining feature of Mumbai’s politics and a core theme for the Thackeray-led parties, particularly the Maharashtra Navnirman Sena.

BJP-Shinde alliance and NCP in fray

For Chief Minister Eknath Shinde, who split the Shiv Sena in 2022, the civic polls offer a chance to regain lost ground and reinforce his claim as Bal Thackeray’s political successor. His alliance partner, the BJP, is contesting 137 of the BMC’s 227 seats, while the Shinde-led Sena is contesting the remaining 90. The BJP, which won 82 seats in the last BMC election in 2019, is aiming to significantly improve its tally.

Meanwhile, Ajit Pawar’s faction of the Nationalist Congress Party is contesting the polls independently after differences with the BJP over leadership issues. The party is hoping to regain influence, especially in Pune, where the undivided NCP had controlled the civic body for a decade between 2007 and 2017.

With high political stakes, delayed polls and shifting alliances, today’s civic elections are expected to offer clear signals about Maharashtra’s evolving political landscape.

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Karnataka to convene joint legislature session over MGNREGA repeal

The Karnataka government will convene a joint session of the legislature from January 22 to discuss the Centre’s repeal of MGNREGA, triggering sharp criticism from the opposition.

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karnataka assembly

The Karnataka cabinet on Wednesday decided to convene a joint session of the state legislature from January 22 to January 31, with the Centre’s decision to repeal the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) set to be the key focus.

The Congress-led government had earlier planned a two-day special session to discuss the repeal of MGNREGA, which has been replaced by the Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB-G RAM G). However, State Law and Parliamentary Affairs Minister H K Patil said the plan was altered due to constitutional provisions.

Briefing reporters, Patil said the government was compelled to convene a joint session instead of a special session because of a technical requirement. Citing Article 176 of the Constitution, he explained that the Governor must address the first session of the state legislature every year.

“As a result of this technical reason, we are advancing the session. Instead of a special session, it will be a joint session,” Patil said, adding that holidays during the session would be announced by the Speaker.

He stressed that the state government would not remain silent if people’s rights were “snatched away” and said the objective of the session was to create public awareness and exert pressure on the Centre to restore MGNREGA.

Opposition questions intent of the session

Leader of Opposition in the Karnataka Assembly R Ashoka strongly criticised the decision, alleging that the joint session was convened with a “malafide intention” and amounted to a “sheer waste of money”.

Addressing a press conference, Ashoka said legislative sessions were meant for law-making and discussions on governance issues, questioning the purpose of holding a session on a matter decided by the Centre.

“What is this session convened for? Is it to utter gibberish in the House? There is no use of this session,” he said, adding that any resolution passed by the Assembly would have no practical value and would be ignored.

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Centre urges Indians to leave Iran amid worsening security situation

India has advised its citizens to leave Iran and avoid travelling to the country as nationwide protests intensify and the security situation continues to deteriorate.

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unrest in iran

India on Wednesday asked all its nationals currently in Iran to leave the country using available commercial means, citing a sharp deterioration in the security situation amid widespread anti-government protests and a heavy crackdown by authorities.

The government has also issued a strong advisory urging Indians to avoid travelling to Iran until further notice.

Advisory issued for Indian nationals in Iran

In a fresh advisory, the Indian Embassy in Iran said Indian citizens, including students, pilgrims, businesspersons and tourists, should leave Iran by available modes of transport, including commercial flights.

The embassy further advised Indian nationals and persons of Indian origin to exercise extreme caution, avoid areas witnessing protests or demonstrations, stay in regular contact with the embassy, and closely monitor local developments through official channels and local media.

Separately, the Ministry of External Affairs reiterated its warning, strongly advising Indians against travelling to Iran in view of the evolving situation. Earlier this month, the ministry had already asked citizens to avoid non-essential travel and urged those residing in Iran to remain cautious.

Protests spread nationwide

The unrest in Iran began late last month in Tehran after the Iranian currency, the rial, fell to record lows. What started as protests over economic hardship has since expanded into a broader movement demanding political change.

The demonstrations have now spread across all 31 provinces of the country, with the overall situation deteriorating significantly in recent days.

According to reports cited by media, the death toll from the nationwide protests has crossed 2,500, reflecting the scale and intensity of the ongoing crackdown.

Rising regional tensions

The developments in Iran have also contributed to heightened tensions in West Asia. The situation escalated further after the US president warned Tehran against the use of force on demonstrators and hinted at possible military action.

In a message addressed to protesters, the US president said that “help is on the way,” adding to the growing international pressure surrounding the crisis.

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